Bluebell

Hi,

I’ve been reading some really great advice here but I can’t quite find the answer to my question, so I’m hoping someone has time to read this and help me out.

I’m British and I came to the US 4 years ago on a J1 visa as I was training – I then got accepted on to an MA course so I’m now on an F1 visa. I graduate in Dec 2007 which is also when my visa runs out. When I graduate I’ll be a fully fledged art teacher – incredibly useful, I know!

I’ve been with my boyfriend (who is a US citizen) for almost 5 years and we’ve decided to get married, SO…do I have to get a fiancée visa before we get married if I’m in the country legally already? Do I have to return to the UK at any point? (We intend to marry this side of the pond) Should we wait until after I graduate to get married, or should we run out and do it tomorrow? I already had to change my status here once and it was a NIGHTMARE!!!

Obviously with such a wonderful and useful degree under my belt I didn’t really think I had many work prospects – art teacher isn’t really one of those essential topics considered to be needed to save the youth of today, (although I have written many essays which counter that belief!) plus I didn’t think I’d have much chance of getting sponsorship. Does that situation change if I apply for an EAD? Can my then husband be my sponsor and I can apply for a job like any other fool with my degree, or do I still have to prove that I can do the job better than anyone already living in the US? Can I apply for an EAD before I get offered a job if I’m married?

Some fool told me that I have be married for 3 years before I can work here and until then my husband has to support me, which although he could technically do I doubt if it would be his dream come true. Thats not true, right?

I already have a SS number and have been paying taxes the entire time I’ve been here – I have my own health insurance – and unfortunately I am not a person of extraordinary ability in the arts…YET!

Thanks for any and all time and help, Bella

peachfaith

Hi there! You do not need to apply for a fiancee visa before you get married. I am also here on F-1 and I just got married last summer. I am continuing my schooling until I graduate and that's what's keeping me here legally until I file my AOS. I would suggest that you get married well before your visa runs out so you have time to file your AOS before your F-1 expires. Once you are I-485 pending (USCIS has your app.) you are legal until a decision is made.

About the working, when you file your AOS you should include with it the work authorization form (I-765). It will take 90-120 days for them to process that and it will allow you to work while your AOS is pending. And, you can work anywhere you would like, just like a regular citizen. Once your AOS is approved and you have have your GC you can also work anywhere (expect for jobs that require you to be a citizen like the post office and stuff, but I think you get what i'm saying). You do not have to wait 3 years or anything like that.

I hope that helps!